Spanish Constitutional Court suspends law for expanding Catalonia’s Tax Agency

Catalan government spokeswoman, Neus Munté, stated that the suspension will be appealed and described the decision as “another example of asphyxia and re-centralisation”. The Catalan reform stipulated that all those civil servants who wanted to apply for a position in the entity, would need to have permanent positions in Catalonia. The Constitutional Court (TC) considered the new law to have violated the right of all Spanish citizens to access the entity under the same conditions. 

Spain's Constitutional Court (TC) building in Madrid
Spain's Constitutional Court (TC) building in Madrid / ACN / Shobha Prabhu-Naik

ACN / Shobha Prabhu-Naik

September 14, 2015 06:13 PM

Barcelona (CNA).- Spain’s Constitutional Court (TC) has suspended for at least five months the reform of the law that would regulate Catalonia’s Tax Agency. The Catalan reform stipulated that all those civil servants who wanted to be eligible for a position in the body would need to have permanent positions in Catalonia. The TC accepted an appeal by the Spanish government which claimed that the proposal was against the right of all Spanish citizens to access the entity under the same conditions. Catalan Government spokeswoman, Neus Munté, has assured that the suspension will be appealed and described the TC’s decision as “another example of asphyxia and re-centralisation”. Munté added that despite the obstacles the Catalan Tax Agency “won’t be stopped”. 


At the end of July, the Spanish government said that they wouldn’t appeal the expansion of the Catalan Tax Agency. However, this Monday the TC has decided to accept the Spanish government complaint and suspend the law for the next five months. According to the law reform, those “officials who are assigned duties substantially matching those of the body and who already hold permanent positions within Catalonia’s borders” are eligible to voluntarily join the Catalan Tax Agency through specific selection processes. The problem, according to the Spanish government lies in the fact that a permanent position in Catalonia is required and this denies “the right of equal access to other interested bodies from the rest of Spain”. The Spanish Executive also pointed out that allowing civil servants who weren’t previously working in the Catalan administration to do so, is against Article 103 of the Constitution, as it a way of accessing ‘ex novo’ this civil service function rather than allowing so “according to principles of merit and ability”.

Munté: “another example of asphyxia and re-centralisation

The TC’s suspension “won’t stop” the project of expanding the Catalan Tax Agency, stated Catalan Government spokeswoman, Neus Munté, and added that the Catalan government will appeal the TC’s decision. She described the suspension as “another example of asphyxia and re-centralisation” of the citizens and the productive sectors.

According to the Catalan Government, this decision is very similar to others that have attempted to act against “the Catalan autonomy”, such as the “suspension of the decree of energetic poverty and that of the bank deposits’ fee”, recalled Munté. She also lamented the suspension of the ADSL tax, which aimed to promote the Catalan cinema industry.